Royal Arms Housing Act 2004

2004 Chapter 34


 

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Housing Act 2004

2004 Chapter 34

 
 
 
CONTENTS

PART 1
HOUSING CONDITIONS
CHAPTER 1
ENFORCEMENT OF HOUSING STANDARDS: GENERAL
New system for assessing housing conditions
Section 
1New system for assessing housing conditions and enforcing housing standards
2Meaning of "category 1 hazard" and "category 2 hazard"

Procedure for assessing housing conditions
3Local housing authorities to review housing conditions in their districts
4Inspections by local housing authorities to see whether category 1 or 2 hazards exist

Enforcement of housing standards
5Category 1 hazards: general duty to take enforcement action
6Category 1 hazards: how duty under section 5 operates in certain cases
7Category 2 hazards: powers to take enforcement action
8Reasons for decision to take enforcement action
9Guidance about inspections and enforcement action
10Consultation with fire and rescue authorities in certain cases

CHAPTER 2
IMPROVEMENT NOTICES, PROHIBITION ORDERS AND HAZARD AWARENESS NOTICES
Improvement notices
11Improvement notices relating to category 1 hazards: duty of authority to serve notice
12Improvement notices relating to category 2 hazards: power of authority to serve notice
13Contents of improvement notices
14Suspension of improvement notices
15Operation of improvement notices
16Revocation and variation of improvement notices
17Review of suspended improvement notices
18Service of improvement notices etc. and related appeals
19Change in person liable to comply with improvement notice

Prohibition orders
20Prohibition orders relating to category 1 hazards: duty of authority to make order
21Prohibition orders relating to category 2 hazards: power of authority to make order
22Contents of prohibition orders
23Suspension of prohibition orders
24Operation of prohibition orders
25Revocation and variation of prohibition orders
26Review of suspended prohibition orders
27Service of copies of prohibition orders etc. and related appeals

Hazard awareness notices
28Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice
29Hazard awareness notices relating to category 2 hazards: power of authority to serve notice

Enforcement: improvement notices
30Offence of failing to comply with improvement notice
31Enforcement action by local housing authorities

Enforcement: prohibition orders
32Offence of failing to comply with prohibition order etc.
33Recovery of possession of premises in order to comply with order
34Power of tribunal to determine or vary lease

Enforcement: improvement notices and prohibition orders
35Power of court to order occupier or owner to allow action to be taken on premises
36Power of court to authorise action by one owner on behalf of another

Supplementary provisions
37Effect of improvement notices and prohibition orders as local land charges
38Savings for rights arising from breach of covenant etc.
39Effect of Part 4 enforcement action and redevelopment proposals

CHAPTER 3
EMERGENCY MEASURES
Emergency remedial action
40Emergency remedial action
41Notice of emergency remedial action
42Recovery of expenses of taking emergency remedial action

Emergency prohibition orders
43Emergency prohibition orders
44Contents of emergency prohibition orders

Appeals
45Appeals relating to emergency measures

CHAPTER 4
DEMOLITION ORDERS AND SLUM CLEARANCE DECLARATIONS
Demolition orders
46Demolition orders

Slum clearance declarations
47Clearance areas

Appeals
48Transfer of jurisdiction in respect of appeals relating to demolition orders etc.

CHAPTER 5
GENERAL AND MISCELLANEOUS PROVISIONS RELATING TO ENFORCEMENT ACTION
Recovery of expenses relating to enforcement action
49Power to charge for certain enforcement action
50Recovery of charge under section 49

Repeals
51Repeal of power to improve existing enforcement procedures
52Repeal of provisions relating to demolition of obstructive buildings
53Miscellaneous repeals etc. in relation to fire hazards

Index
54Index of defined expressions: Part 1

PART 2
LICENSING OF HOUSES IN MULTIPLE OCCUPATION
Introductory
55Licensing of HMOs to which this Part applies

Designation of additional licensing areas
56Designation of areas subject to additional licensing
57Designations under section 56: further considerations
58Designation needs confirmation or general approval to be effective
59Notification requirements relating to designations
60Duration, review and revocation of designations

HMOs required to be licensed
61Requirement for HMOs to be licensed
62Temporary exemption from licensing requirement

Grant or refusal of licences
63Applications for licences
64Grant or refusal of licence
65Tests as to suitability for multiple occupation
66Tests for fitness etc. and satisfactory management arrangements
67Licence conditions
68Licences: general requirements and duration

Variation and revocation of licences
69Variation of licences
70Revocation of licences

Procedure and appeals
71Procedural requirements and appeals against licence decisions

Enforcement
72Offences in relation to licensing of HMOs
73Other consequences of operating unlicensed HMOs: rent repayment orders
74Further provisions about rent repayment orders
75Other consequences of operating unlicensed HMOs: restriction on terminating tenancies

Supplementary provisions
76Transitional arrangements relating to introduction and termination of licensing
77Meaning of "HMO"
78Index of defined expressions: Part 2

PART 3
SELECTIVE LICENSING OF OTHER RESIDENTIAL ACCOMMODATION
Introductory
79Licensing of houses to which this Part applies

Designation of selective licensing areas
80Designation of selective licensing areas
81Designations under section 80: further considerations
82Designation needs confirmation or general approval to be effective
83Notification requirements relating to designations
84Duration, review and revocation of designations

Houses required to be licensed
85Requirement for Part 3 houses to be licensed
86Temporary exemption from licensing requirement

Grant or refusal of licences
87Applications for licences
88Grant or refusal of licence
89Tests for fitness etc. and satisfactory management arrangements
90Licence conditions
91Licences: general requirements and duration

Variation and revocation of licences
92Variation of licences
93Revocation of licences

Procedure and appeals
94Procedural requirements and appeals against licence decisions

Enforcement
95Offences in relation to licensing of houses under this Part
96Other consequences of operating unlicensed houses: rent repayment orders
97Further provisions about rent repayment orders
98Other consequences of operating unlicensed houses: restriction on terminating tenancies

Supplementary provisions
99Meaning of "house" etc.
100Index of defined expressions: Part 3

PART 4
ADDITIONAL CONTROL PROVISIONS IN RELATION TO RESIDENTIAL ACCOMMODATION
CHAPTER 1
INTERIM AND FINAL MANAGEMENT ORDERS
Introductory
101Interim and final management orders: introductory

Interim management orders: making and operation of orders
102Making of interim management orders
103Special interim management orders
104The health and safety condition
105Operation of interim management orders
106Local housing authority's duties once interim management order in force
107General effect of interim management orders
108General effect of interim management orders: leases and licences granted by authority
109General effect of interim management orders: immediate landlords, mortgagees etc.
110Financial arrangements while order is in force

Interim management orders: variation and revocation
111Variation of interim management orders
112Revocation of interim management orders

Final management orders: making and operation of orders
113Making of final management orders
114Operation of final management orders
115Local housing authority's duties once final management order in force
116General effect of final management orders
117General effect of final management orders: leases and licences granted by authority
118General effect of final management orders: immediate landlords, mortgagees etc.
119Management schemes and accounts
120Enforcement of management scheme by relevant landlord

Final management orders: variation and revocation
121Variation of final management orders
122Revocation of final management orders

Interim and final management orders: procedure and appeals
123Procedural requirements and appeals

Interim and final management orders: other general provisions
124Effect of management orders: occupiers
125Effect of management orders: agreements and legal proceedings
126Effect of management orders: furniture
127Management orders: power to supply furniture
128Compensation payable to third parties
129Termination of management orders: financial arrangements
130Termination of management orders: leases, agreements and proceedings
131Management orders: power of entry to carry out work

CHAPTER 2
INTERIM AND FINAL EMPTY DWELLING MANAGEMENT ORDERS
Introductory
132Empty dwelling management orders: introductory

Interim empty dwelling management orders
133Making of interim EDMOs
134Authorisation to make interim EDMOs
135Local housing authority's duties once interim EDMO in force

Final empty dwelling management orders
136Making of final EDMOs
137Local housing authority's duties once final EDMO in force

Compensation
138Compensation payable to third parties

CHAPTER 3
OVERCROWDING NOTICES
139Service of overcrowding notices
140Contents of overcrowding notices
141Requirement as to overcrowding generally
142Requirement as to new residents
143Appeals against overcrowding notices
144Revocation and variation of overcrowding notices

CHAPTER 4
SUPPLEMENTARY PROVISIONS
145Supplementary provisions
146Interpretation and modification of this Part
147Index of defined expressions: Part 4

PART 5
HOME INFORMATION PACKS
Preliminary
148Meaning of "residential property" and "home information pack"
149Meaning of "on the market" and related expressions
150Acting as estate agent

Responsibility for marketing residential properties
151Responsibility for marketing: general
152Responsibility of person acting as estate agent
153Responsibility of the seller

Duties of a responsible person where a property is on the market
154Application of sections 155 to 158
155Duty to have a home information pack
156Duty to provide copy of home information pack on request

Register of home condition reports
157Section 156 (1) duty: imposition of conditions
158Duty to ensure authenticity of documents in other situations

Other duties of person acting as estate agent
159Other duties of person acting as estate agent

Exceptions from the duties
160Residential properties not available with vacant possession
161Power to provide for further exceptions
162Suspension of duties under sections 155 to 159

Contents of home information packs
163Contents of home information packs
164Home condition reports

Register of home condition reports
165Register of home condition reports

Enforcement
166Enforcement authorities
167Power to require production of home information packs
168Penalty charge notices
169Offences relating to enforcement officers
170Right of private action

Supplementary
171Application of Part to sub-divided buildings
172Power to require estate agents to belong to a redress scheme
173Approval of redress schemes
174Withdrawal of approval of redress schemes
175Office of Fair Trading
176Grants
177Interpretation of Part 5
178Index of defined expressions: Part 5

PART 6
OTHER PROVISIONS ABOUT HOUSING
CHAPTER 1
SECURE TENANCIES
Introductory tenancies
179Extension of introductory tenancies

Right to buy: when exercisable
180Extension of qualifying period for right to buy
181Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies
182Exceptions to the right to buy: houses due to be demolished
183Right to buy: claim suspended or terminated by demolition notice
184Landlord's notice to complete

Right to buy: discounts
185Repayment of discount: periods and amounts applicable
186Repayment of discount: increase attributable to home improvements to be disregarded
187Deferred resale agreements

Right to buy: landlord's right of first refusal
188Right of first refusal for landlord etc.

Right to buy: information
189Information to help tenants decide whether to exercise right to buy etc.

Right to buy: termination of rent to mortgage scheme
190Termination of rent to mortgage scheme

Suspension of certain rights in connection with anti-social behaviour
191Secure tenancies: withholding of consent to mutual exchange
192Right to buy: suspension by court order
193Right to buy: suspension of landlord's obligation to complete
194Disclosure of information as to orders etc. in respect of anti-social behaviour

CHAPTER 2
DISPOSALS ATTRACTING DISCOUNTS OTHER THAN UNDER RIGHT TO BUY
Disposals by local authorities
195Repayment of discount: periods and amounts applicable
196Repayment of discount: increase attributable to home improvements to be disregarded
197Local authority's right of first refusal
198Deferred resale agreements

Disposals by registered social landlords
199Repayment of discount: periods and amounts payable
200Registered social landlord's right of first refusal
201Deferred resale agreements
202Right of assured tenant to acquire dwelling not affected by collective enfranchisement

Disposals by housing action trusts
203Repayment of discount: periods and amounts payable
204Housing action trust's right of first refusal
205Deferred resale agreements

CHAPTER 3
MOBILE HOMES
Site agreements
206Particulars of site agreements to be given in advance
207Implied terms relating to termination of agreements or disposal of mobile homes
208Power to amend terms implied in site agreements

Protection from eviction etc.
209Protected sites to include sites for gypsies
210Extension of protection from harassment for occupiers of mobile homes
211Suspension of eviction orders

CHAPTER 4
TENANCY DEPOSIT SCHEMES
212Tenancy deposit schemes
213Requirements relating to tenancy deposits
214Proceedings relating to tenancy deposits
215Sanctions for non-compliance

CHAPTER 5
MISCELLANEOUS
Overcrowding
216Overcrowding

Energy efficiency
217Energy efficiency of residential accommodation: England

Registered social landlords
218Amendments relating to registered social landlords
219Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998

Other provisions relating to social housing
220Additional power to give grants for social housing
221Extension of right to acquire
222Rights of pre-emption in connection with assured tenancies
223Allocation of housing accommodation by local authorities

Disabled facilities grant
224Disabled facilities grant: caravans

Accommodation needs of gypsies and travellers
225Duties of local housing authorities: accommodation needs of gypsies and travellers
226Guidance in relation to section 225

Annual reports by local housing authorities
227Removal of duty on local housing authorities to send annual reports to tenants etc.

Social Housing Ombudsman for Wales
228Social Housing Ombudsman for Wales

PART 7
SUPPLEMENTARY AND FINAL PROVISIONS
Residential property tribunals
229Residential property tribunals
230Powers and procedure of residential property tribunals
231Appeals from residential property tribunals

Register of licences and management orders
232Register of licences and management orders

Codes of practice and management regulations relating to HMOs etc.
233Approval of codes of practice with regard to the management of HMOs etc.
234Management regulations in respect of HMOs

Information provisions
235Power to require documents to be produced
236Enforcement of powers to obtain information
237Use of information obtained for certain other statutory purposes
238False or misleading information

Enforcement
239Powers of entry
240Warrant to authorise entry
241Penalty for obstruction
242Additional notice requirements for protection of owners

Authorisations
243Authorisations for enforcement purposes etc.

Documents
244Power to prescribe forms
245Power to dispense with notices
246Service of documents
247Licences and other documents in electronic form
248Timing and location of things done electronically
249Proof of designations

Other supplementary provisions
250Orders and regulations
251Offences by bodies corporate
252Power to up-rate level of fines for certain offences
253Local inquiries

Meaning of "house in multiple occupation"
254Meaning of "house in multiple occupation"
255HMO declarations
256Revocation of HMO declarations
257HMOs: certain converted blocks of flats
258HMOs: persons not forming a single household
259HMOs: persons treated as occupying premises as only or main residence
260HMOs: presumption that sole use condition or significant use condition is met

Other general interpretation provisions
261Meaning of "appropriate national authority", "local housing authority" etc.
262Meaning of "lease", "tenancy", "occupier" and "owner" etc.
263Meaning of "person having control" and "person managing" etc.
264Calculation of numbers of persons

Final provisions
265Minor and consequential amendments
266Repeals
267Devolution: Wales
268The Isles of Scilly
269Expenses
270Short title, commencement and extent
 

 
    Schedule 1-Procedure and appeals relating to improvement notices
    Part 1-Service of improvement notices
    Part 2-Service of notices relating to revocation or variation of improvement notices
    Part 3-Appeals relating to improvement notices
    Schedule 2-Procedure and appeals relating to prohibition orders
    Part 1-Service of copies of prohibition orders
    Part 2-Service of notices relating to revocation or variation of prohibition orders
    Part 3-Appeals relating to prohibition orders
    Schedule 3-Improvement notices: enforcement action by local housing authorities
    Part 1-Action taken by agreement
    Part 2-Power to take action without agreement
    Part 3-Recovery of certain expenses
    Schedule 4-Licences under Parts 2 and 3: mandatory conditions
    Schedule 5-Licences under Parts 2 and 3: procedure and appeals
    Part 1-Procedure relating to grant or refusal of licences
    Part 2-Procedure relating to variation or revocation of licences
    Part 3-Appeals against licence decisions
    Schedule 6-Management orders: procedure and appeals
    Part 1-Procedure relating to making of management orders
    Part 2-Procedure relating to variation or revocation of management orders
    Part 3-Appeals against decisions relating to management orders
    Schedule 7-Further provisions regarding empty dwelling management orders
    Part 1-Interim EDMOs
    Part 2-Final EDMOs
    Part 3-Interim and final EDMOs: general provisions (other than provisions relating to appeals)
    Part 4-Appeals
    Schedule 8-Penalty charge notices under section 168
    Schedule 9-New Schedule 5A to the Housing Act 1985: initial demolition notices
    Schedule 10-Provisions relating to tenancy deposit schemes
    Schedule 11-Registered social landlords
    Schedule 12-New Schedule 2A to the Housing Act 1996
    Schedule 13-Residential property tribunals: procedure
    Schedule 14-Buildings which are not HMOs for purposes of this Act (excluding Part 1)
    Schedule 15-Minor and consequential amendments
    Schedule 16-Repeals
 


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© Crown copyright 2004
Prepared 2 December 2004